This section contains the nature of the case and procedural background.

DiMichel (P) worked for, was injured from a fall at work and sued South Buffalo Ry. Co. (D) for personal injury damages. During pretrial discovery, P asked for surveillance films that may have been taken of him by D. D refused the request. D claimed that they were not required because they were considered to be work product. P made a motion to compel discovery of any films. The trial court agreed with P and ordered D to turn over the tapes. The appellate division modified the lower court ruling and ruled that D must give P any films that were intended to be used at the trial. The court of appeals granted a review.

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